IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Crl.Rev.Pet.No.646 OF 2018
AGAINST THE ORDER/JUDGMENT IN CRA 524/2012 DATED 17-03-2018 OF
DISTRICT COURT & SESSIONS COURT, THRISSUR
AGAINST THE ORDER/JUDGMENT IN CC 2000/2007 DATED 13-08-2012 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, THRISSUR
REVISION PETITIONER/APPELLANT/ACCUSED:
K.R. MOHANAN, AGED 45,
S/O.KUNNAMPATTIL RAGHAVAN,
NETTYSSERY P.O., MUKKATTUKARA,
NAYARANGADI, THRISSUR DISTRICT.
BY ADVS.
SRI.LAVARAJ M.G.
SRI.SAJEEV R MENON
RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
1 N.K. SURENDRAN, AGED 57 YEARS,
S/O. KUNJAN, NELLIPARAMBIL HOUSE,
URAKAM P.O., THRISSUR - 680 562.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031.
R1 BY ADV. SRI.ARUN ASHOK
R1 BY ADV. SRI.T.R.SHAJU XAVIOUR
R2 BY SMT. M. K. PUSHPALATHA, SR.PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
05.01.2021, ALONG WITH Crl.Rev.Pet.656/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.Nos.646 & 656 OF 2018
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Crl.Rev.Pet.No.656 OF 2018
AGAINST THE ORDER/JUDGMENT IN CRA 525/2012 DATED 17-03-
2018 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
AGAINST THE ORDER/JUDGMENT IN CC 2001/2007 DATED 13-08-
2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
REVISION PETITIONER/APPELLANT/ACCUSED:
K.R. MOHANAN, AGED 45 YEARS,
S/O. KUNAMPATTIL RAGHAVAN, NETTYSSERY
PO,MUKKATTUKARA, NAYARANGADI,
THRISSUR DISTRICT.
BY ADVS.
SRI.LAVARAJ M.G.
SRI.SAJEEV R MENON
RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
1 N.K. SURENDRAN, AGED 57 YEARS
S/O. KUNJAN, NELLIPARAMBIL HOUSE,
URAKAM P.O, THRISSUR.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
R1 BY ADV. SRI.ARUN ASHOK
R1 BY ADV. SRI.T.R.SHAJU XAVIOUR
R2 BY SMT. M.K. PUSHPALATHA, SR.PUBLIC
PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 05.01.2021, ALONG WITH Crl.Rev.Pet.646/2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.Nos.646 & 656 OF 2018
-3-
ORDER
These revision petitions arise out of the conviction and sentence passed by the courts below under Section 138 of the Negotiable Instruments Act, (for short "the N.I. Act") in C.C.No.2000/2007 and C.C.No.2001/2007.
2. Heard.
3. The prosecution case is that Exts.P1 and P2 cheques were issued to the complainant by the revision petitioner in connection with the borrowing of an amount of Rs.4,25,000/- (Rupees four lakh and twenty five thousand only).
4. Ext.P1 cheque is involved in C.C.No.2000/2007 and Ext.P2 cheque is involved in C.C.No.2001/2007. The trial court jointly tried both Crl.Rev.Pet.Nos.646 & 656 OF 2018 -4- the cases.
5. It appears that the courts below correctly appreciated the oral and documentary evidence and concurrently found that the revision petitioner executed Exts.P1 and P2 cheques as contemplated under Section 138 of the N.I.Act and committed the offence under Section 138 of the N.I.Act. No material has been brought to the notice of this Court to indicate that the appreciation of evidence or the concurrent finding of conviction by the courts below was perverse or incorrect. In the said circumstances, the concurrent finding of conviction by the courts below in C.C.Nos.2000/2007 and 2001/2007 under Section 138 of the N.I.Act does not warrant any interference by this Court. Considering the facts and circumstances of the case, including the amount covered by Exts.P1 and P2 cheques, I am of the view Crl.Rev.Pet.Nos.646 & 656 OF 2018 -5- that the sentence awarded by the appellate court under Section 138 of the N.I.Act in C.C.No.2000/2007 can be modified and reduced to a fine of Rs.3,00,000/- (Rupees three lakh only) with a default clause for simple imprisonment for three months and the sentence awarded by the appellate court in C.C.No.2001/2007 can be modified and reduced to a fine of Rs.2,00,000/- (Rupees two lakh only) with a default clause for simple imprisonment for two months, to meet the ends of justice. It is ordered accordingly. If the fine is realised in the above said cases, the entire amount shall be given to the complainant as compensation under Section 357(1)(b) Cr.P.C.
In the result, these criminal revision petitions stand allowed in part as above.
Crl.Rev.Pet.Nos.646 & 656 OF 2018 -6- The revision petitioner is granted ten months to pay the fine/compensation as requested by the learned counsel for the revision petitioner.
Needless to state that if the revision petitioner had already deposited any amount before the trial court, pursuant to the direction of this Court, the said amount shall be released to the complainant as part of the compensation.
Sd/-
B.SUDHEENDRA KUMAR JUDGE Nkr/05.01.2020